EMPIRE CTR. v. STATE TEACHERS

Nos. 77, 78

23 N.Y.3d 438 (2014)

15 N.E.3d 271

991 N.Y.S.2d 516

2014 NY Slip Op 3193

In the Matter of EMPIRE CENTER FOR NEW YORK STATE POLICY, Appellant, v. NEW YORK STATE TEACHERS' RETIREMENT SYSTEM, Respondent. In the Matter Of EMPIRE CENTER FOR NEW YORK STATE POLICY, Appellant, v. TEACHERS' RETIREMENT SYSTEM OF THE CITY OF NEW YORK, Respondent.

Court of Appeals of New York.

Decided May 6, 2014.


Attorney(s) appearing for the Case

Levine Sullivan Koch & Schulz, LLP, New York City ( Alia L. Smith and David A. Schulz of counsel), for appellant in the first and second above-entitled proceedings.

Eric T. Schneiderman , Attorney General, Albany ( Jeffrey W. Lang , Barbara D. Underwood and Andrew D. Bing of counsel), for respondent in the first above-entitled proceeding.

Michael A. Cardozo , Corporation Counsel, New York City ( Elizabeth I. Freedman and Leonard Koerner of counsel), for respondent in the second above-entitled proceeding.

Richard E. Casagrande , New York City, and Keith J. Gross for New York State United Teachers, amicus curiae in the first and second above-entitled proceedings.

Jonathan R. Donnellan , Office of General Counsel, Hearst Corporation, New York City ( Diego Ibarguen of counsel), J.P. Cratty , Lee Enterprises, Incorporated, Davenport, Iowa, Eugenie C. Gavenchak , General Counsel, News Corporation, New York City, Mark Jackson , General Counsel, Dow Jones & Company, Inc. ( Jason P. Conti of counsel), Matthew A. Leish , General Counsel, Daily News, L.P., David E. McCraw , General Counsel, New York Times Company, Dina Sforza , Cablevision Systems Corporation, Bethpage, and Sabin, Bermant & Gould LLP, Syracuse Media Group, New York City ( Richard Bernstein and Neil M. Rosenhouse of counsel), for Albany Times Union and others, amid curiae in the first and second above-entitled proceedings.

Lisa M. King , Albany, and Jessica C. Caggiano for New York State Public Employees Federation, AFL-CIO, amicus curiae in the first and second above-entitled proceedings.

Atlantic Legal Foundation, Larchmont ( Martin S. Kaufman and Briscoe R. Smith of counsel), for Citizens Budget Commission and another, amici curiae in the first and second aboveentitled proceedings.


OPINION OF THE COURT

SMITH, J.

We hold that Public Officers Law § 89 (7) exempts from the Freedom of Information Law (FOIL) only the home addresses, not the names, of retirees who receive benefits from public employees' retirement systems.

Petitioner, Empire Center for New York State Policy, describes itself as a "think tank" whose purpose is "to inform voters and policymakers" about issues including...

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